Took full payment after cancellation ??

pennywise2

Hi not sure if this is in the right section but need some advice urgently .
Having paid a deposit for a holiday to Florida via credit card for both my family and my sister in laws family last year we both decided to cancel due to financial difficulties in current financial climate . Wife phoned company to cancel and this was done in plenty of time before balance was due to be paid , trouble is i have just received my credit card statement and the flight company have taken full payment for both holidays out of my card :mad::mad:
Is this legal ?
The flight company say they have no record of us cancelling .
Any help appreciated as both families involved are at their wits end over this slip up .

regards pennywise2

Incapuppy

Did you not get written confirmation/a cancellation invoice from the tour operator?

wannaberichbtch

Most companies require notice of cancellation in writing, and it is best to send this by recorded delivery. However, the majority of call centres record their calls so if your wife knows the time, date & who she spoke too you may have some comeback.

pennywise2

Thanks for the replys ,
No we didnt receive written confirmation of cancellation Incapuupy

Wannaberich thanks for the advice on written notification on cancelling but this advice comes too late as the payment has been took . Next time it will be put in writing for sure .
When my wife was on the phone to the company cancelling no one advised on written confirmation .
The company in question do not record phone conversations but we do have an itemised phone bill showing we phoned them to cancel

Incapuppy

I hate to sound pessimistic, but a record of you having called a company on a particular day doesn't actually prove anything does it? You could have been phoning with some random query.

Who was the holiday booked through - when was the departure date and the date of cancellation?

Did your trip involve cheap inflexible scheduled air tickets as I seem to recall that even in the event of cancellation of these, sometimes the full amount is payable even though you should later be able to reclaim taxes if you don't fly.

wannaberichbtch

Phone the company again and ask to speak to a manager, explain the situation and if they won,t budge find out if you can sell the holiday (Think you can do this on ebay but check for other postings in the forums on this).

pennywise2

Incapuppy wrote: »

I hate to sound pessimistic, but a record of you having called a company on a particular day doesn't actually prove anything does it? You could have been phoning with some random query.

Who was the holiday booked through - when was the departure date and the date of cancellation?

Did your trip involve cheap inflexible scheduled air tickets as I seem to recall that even in the event of cancellation of these, sometimes the full amount is payable even though you should later be able to reclaim taxes if you don't fly.

Thanks Incapuppy , It was flight only booked through Globespan
departure 3/7/09
cancelled on 2/4/09

The most upsetting part of this experience is that Globespan were able to use my credit card details for full payment 5k + without consent .
I have phoned the credit card company and appealed the transaction .
Solicitors in the morning me thinks .

Pennywise 2

casevlloyds

If its any help Globespans website says to cancel you must phone their call centre or cancel on-line. It actually says email cancellations will not be accepted. Don't know if it will help your case though.

Looks as though the person your wife spoke to to cancel didnt actually action it and its been overlooked.

Good luck with it. Im not sure what will happen as its basically a case of your word against theirs.

Incapuppy

Yep, I'm afraid I have to agree with casevlloyds - good luck with your case!

milliemonster

pennywise2 wrote: »

Thanks Incapuppy , It was flight only booked through Globespan
departure 3/7/09
cancelled on 2/4/09

The most upsetting part of this experience is that Globespan were able to use my credit card details for full payment 5k + without consent .
I have phoned the credit card company and appealed the transaction .
Solicitors in the morning me thinks .

Pennywise 2

Usually, when you pay a deposit from a credit card like this, you automatically allow consent for them to take the balance by the same method when it becomes due, it's usually in the terms and conditions

pennywise2

milliemonster wrote: »

Usually, when you pay a deposit from a credit card like this, you automatically allow consent for them to take the balance by the same method when it becomes due, it's usually in the terms and conditions

Silly me for not going through the terms and conditions with a fine tooth comb :rolleyes:

Pennywise 2